Hit-and-run driver sentenced to prison

20-year-old who killed Saint Rose student had earlier pleaded guilty

Updated 11:07 pm, Tuesday, October 30, 2012

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Etemowei James Oki (Family photo)

Etemowei James Oki (Family photo)

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Alfred Zwack, the 20-year-old man accused of a fatal hit-and-run in Albany, pleaded not guilty Tuesdsay, Nov. 29, 2011, at his arraignment in City Court. Zwack appeared in court to face charges in connection with the death of James Oki, who was killed Saturday morning while crossing the road at Elk and Quail streets. (Albany Police Department) less

Alfred Zwack, the 20-year-old man accused of a fatal hit-and-run in Albany, pleaded not guilty Tuesdsay, Nov. 29, 2011, at his arraignment in City Court. Zwack appeared in court to face charges in connection ... more

Hit-and-run driver sentenced to prison

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ALBANY — The 20-year-old driver in a hit-and-run incident that killed a College of Saint Rose student was sentenced Tuesday to 31/3 to 10 years in prison as his victim's family spoke of the loss of a "lovely soul."

Alfred Zwack, of Southern Boulevard, apologized for his crime after listening to the teary-eyed sister of 29-year-old Etemowei James Oki deliver a heart-wrenching impact statement describing the devastation caused by her brother's death.

"Alfred, you should not be able to commit a crime like this and get away with it," April Oki said before state Supreme Court Justice Thomas Breslin imposed the sentence. "The emotional impact will be felt for years to come."

Oki, a Nigerian immigrant, was struck by Zwack's vehicle as it crossed Elk and Quail streets in Albany at about 1:40 a.m. on Nov. 26. Video surveillance captured Zwack leaving the scene of the deadly accident. Prosecutors have said Zwack appeared to be accelerating.

Zwack pleaded guilty to second-degree manslaughter last month. The plea came days before his trial was to start.

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April Oki told the court: "I come from a Christian household and our faith has gotten us all through many rough times, but since this crime I now find myself having doubts and questioning the very thing that used to keep me going — my faith."

She earlier read a statement from her family. It recalled James Oki's captivating smile, positive influence and deeply religious ways.

"He urged us to pray together as a family and eat at least one meal together at the table daily," Oki told the court. "Even when on assignment, he would frequently call us to discuss and share what new interpretation of a Bible verse he had just learned. He was a lovely soul, both beautiful on the inside as on the outside."

Oki lived in Dallas before moving to Albany. Honorably discharged in January 2011 after six years of service in the Navy, he was studying at Saint Rose for a communications degree.

"James was the kind of son or brother anyone could have wished for," the statement from the family said. The statement said the Oki family has suffered a devastating financial hardship since Oki's death; he did not have health insurance, and his mother has been too emotionally devastated to return to work.

Three young women were in court to support the defendant, one of them Zwack's sister. They cried during the sentencing. When April Oki said she has endured sleepless nights since her brother's death, one of the Zwack supporters said quietly, "So have we."

And when April Oki told Zwack the hit-and-run "was not the first time you have committed a crime," one of the women scoffed and turned her head. Zwack has at least nine prior arrests and two convictions.

After court, Oki's family spoke to reporters in the office of Albany County District Attorney David Soares. They were joined by Soares and Assistant District Attorney Mary Tanner-Richter, who prosecuted the case.

"We're happy that justice was done just for the mere fact that he's held accountable for his actions," said the victim's mother, Rosemary Oki, who was joined by Oki's father, Blessing, the victim's younger brother and other relatives and supporters. "People should know that whatever decisions you make, you have to think properly and when you're behind the wheel you have to know that there are other people there and other lives out there and families."

Zwack will also serve 21/3 to 7 years for leaving the scene of an accident. It will run concurrently with the 31/3-to-10-year sentence.